People v. Young
2013 IL App (2d) 120167
Ill. App. Ct.2013Background
- Defendant Nicole L. Young was convicted of unlawful possession of less than 15 grams of cocaine.
- Evidence included drug-related statements by the defendant offered to show knowledge and possession.
- The trial court allowed other-crimes evidence with a limiting instruction stating it could relate to knowledge and possession.
- During closing, the State commented on the witnesses’ credibility and the officers’ expertise.
- Defense challenges: (a) improper tailoring of the other-crimes instruction to possession; (b) improper bolstering of police credibility in closing arguments.
- On appeal, the conviction was affirmed despite arguing plain-error for both issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there plain error in the other-crimes instruction? | Young | Young | No plain error |
| Were closing-argument comments about police credibility plain error? | Young | Young | No plain error |
Key Cases Cited
- Johnson v. People, 2013 IL App (2d) 110535 (Ill. App. 2d 2013) (defective other-crimes instruction plain error; propensity use avoided)
- People v. Adams, 2012 IL 111168 (Ill. 2012) (prosecutor improper credibility bolstering; not plain error)
- People v. Sargent, 239 Ill. 2d 166 (Ill. 2010) (plain-error framework and two-prong analysis)
- People v. Barraza, 303 Ill. App. 3d 794 (Ill. App. 2010) (closing-argument credibility inferences)
- People v. Sykes, 2012 IL App (4th) 111110 (Ill. App. 4th 2012) (prosecutor closing remarks; standard for prejudice)
- People v. Adams, 403 Ill. App. 3d 995 (Ill. App. 2010) (reversed for improper bolstering; later affirmed not plain error)